Closest equivalent rights and adaptation
1. What are the main rights in rem arising from successions in your system?
According to Polish law there are following proprietary rights arising from successions: ownership, perpetual usufruct and 5 limited proprietary rights, which have to be registered in the Land Register, in order to have effects against third parties:
- usufruct
- easement appurtenant
- pledge
- the housing co-op ownership right to a unit (apartment, flat)
- mortgage
2. What would the role of your Land Register or registrars be in order to put in practice the principle of adaptation? What contributions could the Land Register make?
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- Imagine you receive a request for the registration of a foreign European Certificate of Succession. It follows from this Certificate that one of the heirs is entitled to a right that is not part of your national numerus clausus. How do you approach this problem?
I search the most similar right in my national law and register it or I deny registration if I cannot find any.
